§ 87-58. Definitions; contractors licensed by Board; examinations.
§ 87‑58. Definitions;contractors licensed by Board; examinations.
(a) As applied in thisArticle, "refrigeration trade or business" is defined to include allpersons, firms or corporations engaged in the installation, maintenance,servicing and repairing of refrigerating machinery, equipment, devices andcomponents relating thereto and within limits as set forth in the codes, lawsand regulations governing refrigeration installation, maintenance, service andrepairs within the State of North Carolina or any of its politicalsubdivisions. The provisions of this Article shall not repeal any wording,phrase, or paragraph as set forth in Article 2 of Chapter 87 of the GeneralStatutes. This Article shall not apply to any of the following:
(1) The installation ofself‑contained commercial refrigeration units equipped with an OriginalEquipment Manufacturer (OEM) molded plug that does not require the opening ofservice valves or replacement of lamps, fuses, and door gaskets.
(2) The installation andservicing of domestic household self‑contained refrigeration appliancesequipped with an OEM molded plug connected to suitable receptacles which havebeen permanently installed and do not require the opening of service valves.
(3) Employees ofpersons, firms, or corporations or persons, firms or corporations, not engagedin refrigeration contracting as herein defined, that install, maintain andservice their own refrigerating machinery, equipment and devices.
(4) Any person, firm orcorporation engaged in the business of selling, repairing and installing anycomfort cooling devices or systems.
(b) The term"refrigeration contractor" means a person, firm or corporationengaged in the business of refrigeration contracting.
(b1) The term"transport refrigeration contractor" means a person, firm, orcorporation engaged in the business of installation, maintenance, servicing,and repairing of transport refrigeration.
(c) Any person, firm orcorporation who for valuable consideration engages in the refrigerationbusiness or trade as herein defined shall be deemed and held to be in thebusiness of refrigeration contracting.
(d) In order to protectthe public health, comfort and safety, the Board shall prescribe the standardof experience to be required of an applicant for license and shall give anexamination designed to ascertain the technical and practical knowledge of theapplicant concerning the analysis of plans and specifications, estimating cost,fundamentals of installation and design as they pertain to refrigeration; and asa result of the examination, the Board shall issue a certificate of license inrefrigeration to applicants who pass the required examination and a licenseshall be obtained in accordance with the provisions of this Article, before anyperson, firm or corporation shall engage in, or offer to engage in the businessof refrigeration contracting. The Board shall prescribe standards for and issuelicenses for refrigeration contracting and for transport refrigerationcontracting. A transport refrigeration contractor license is a specialtylicense that authorizes the licensee to engage only in transport refrigerationcontracting. A refrigeration contractor licensee is authorized to engage intransport refrigeration and all other aspects of refrigeration contracting.
Each application forexamination shall be accompanied by a check, post‑office money order orcash in the amount of the annual license fee required by this Article. Regularexaminations shall be given in the Board's office by appointment.
(e) Repealed by SessionLaws 1979, c. 843, s. 1.
(f) Licenses Grantedwithout an Examination. Persons who had an established place of businessprior to July 1, 1979, and who produce satisfactory evidence that they areengaged in the refrigeration business as herein defined in any city, town orother area in which Article 5 of Chapter 87 of the General Statutes did notpreviously apply shall be granted a certificate of license, withoutexamination, upon application to the Board and payment of the license fee,provided completed applications shall be made prior to June 30, 1981.
(g) The current licenseissued in accordance with the provisions of this Article shall be posted in thebusiness location of the licensee, and its number shall appear on all proposalsor contracts and requests for permits issued by municipalities.
(h) A transportrefrigeration contractor having an established place of business doingtransport refrigeration contracting prior to October 1, 1995, shall be granteda transport refrigeration contracting specialty license, without examination,if the person produces satisfactory evidence the person is engaged in transportrefrigeration contracting, pays the required license fee, and applies to theBoard prior to January 1, 1997. The current specialty license shall be postedin accordance with subsection (g) of this section.
(i) Nothing in thisArticle shall relieve the holder of a license issued under this section fromcomplying with the building or electrical codes, statutes, or ordinances of theState or of any county or municipality or from responsibility or liability fornegligent acts in connection with refrigeration contracting work. The Boardshall not be liable in damages, or otherwise, for the negligent acts oflicensees.
(j) The Board in itsdiscretion upon application may grant a reciprocal license to a person holdinga valid, active substantially comparable license from another jurisdiction, butonly to the extent the other jurisdiction grants reciprocal privileges to NorthCarolina licensees. (1955, c. 912, s. 7; 1959, c. 1206, s. 1; 1979, c. 843, ss. 1, 2; 1987(Reg. Sess., 1988), c. 1082, s. 5; 1989, c. 770, s. 13; 1995, c. 376, s. 2;1998‑216, ss. 1, 2, 2.1; 2009‑333, ss. 1, 2.)